AWADHESH KUMAR MISHRA Vs. SUNIL KUMAR JAIN

JUDGEMENT

(1.) THIS appeal by the claimant has been filed for enhancement of compensation awarded by the Motor Accident Claims Tribunal, Hazaribagh in Claim Case NO.115 of 2002.>

(2.) THE claimant -appellant filed the claim case claiming compensation of Rs. Three lacs for the serious and grievous injury caused to his minor son in a motor vehicle accident. On the fateful day, the son of the appellant, namely, Avinash Kumar Mishra, aged 12 years, was returning home on his bicycle. On the way, he was dashed by a truck and received serious injuries on his person. The injured was shifted to hospital for treatment. The claimant's case is that in fact he incurred heavy expenses for the treatment of his son in various hospitals at Hazaribagh, Ranchi and Vellore. Because of the injuries, the injured became permanently disabled to the extent of 65% and he was unable to move without a crutch. The Tribunal after considering the evidence has come to the conclusion that because of the accident, the injured became permanently disabled to the extent of 65%. However, the Tribunal assessed compensation of Rs. 75,000/ - only.

(3.) LEARNED counsel appearing for the Insurance Company, on the other hand, produced before Lis a photograph of the injured and submitted that the leg has not been amputated or the injured has become crippled. According to the learned counsel, it is not the case of amputation of leg, but certainly the amount of compensation is in a lower side.